Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Excruciatingly Slow First Step for Killer (Execution of Richard Allen Davis No Closer 13 Yrs Later)
http://www.nbcbayarea.com/news/local/Excuciatingly-Slow-First-Step-for-Killer.html ^ | Thu, Feb 26, 2009 | LORI PREUIT

Posted on 02/26/2009 8:20:22 PM PST by nickcarraway

It's been 13 years since a Santa Clara County jury sentenced Richard Allen Davis to death for kidnapping and killing Polly Klaas, but believe it or not his appeal process has move not one step closer to San Quentin's death chamber in all those years.

That first and guaranteed step will happen in San Francisco next Tuesday. That's when the California Supreme Court will hear what is sure to be the first of many appeals.

When the wire crossed in the newsroom, long timers were livid. How could it be that one of the most notorious killers of one of the most beloved children in Bay Area history is no closer to the the jury's chosen justice as the day he was sentenced? The wire had to be incorrect. Sadly, it was not.

Polly would be 28 years old if it were not for one Richard Allen Davis.

Even though most Californians are aware the appeals process moves at a snails pace, the fact that it took 13 years for the first and automatic first step comes as a shock to many.

Davis, 54, a former sheet metal worker with a long criminal record, was convicted in Santa Clara County Superior Court in 1996 of kidnapping the girl from a slumber party at her mother's home in Petaluma on Oct. 1, 1993, and murdering her by strangling her.

Her body was found near U.S. Highway 101 in the Cloverdale area two months later after Davis, who had been arrested for a parole violation, gave investigators information about the location.

The trial was moved from Sonoma County to Santa Clara County because of extensive publicity about the case.

When he was convicted, Davis turned to the camera in the courtroom and put up his middle finger.

During his sentencing he read a statement that ended with a claim that infuriated Polly's father Mark Klaas so much he had to be restrained from lunging at his daughter's killer.

If the state high court upholds his conviction, Davis can continue appeals through habeas corpus petitions in the state and federal court systems.

The court's seven justices will spend an hour hearing arguments on the appeal and then will have three months to issue a written ruling.

All death penalty cases in California are automatically appealed directly to the state Supreme Court.

The direct appeal is the first step in a lengthy appeal process. If the state high court upholds his conviction, Davis can continue appeals through habeas corpus petitions in the state and federal court systems.

Davis' case led to California's voter-approved "three strikes" law, which provides lengthy sentences for repeat offenders.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: California
KEYWORDS: deathpenalty; pollyklaas; richardallendavis

1 posted on 02/26/2009 8:20:22 PM PST by nickcarraway
[ Post Reply | Private Reply | View Replies]

To: nickcarraway

That’s a crime that he is still breathing air.


2 posted on 02/26/2009 8:21:40 PM PST by Arizona Carolyn
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

I remember this case well. The guy is a complete lowlife. Should have been fried years ago.


3 posted on 02/26/2009 8:26:08 PM PST by truthkeeper (It's the borders, stupid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

The fact that it takes this long to move forward really makes we wonder if the only justice in this life would be from the hands of the general population (which would only happen if he’s not on death row).


4 posted on 02/26/2009 8:29:12 PM PST by FormerLib (Sacrificing our land and our blood cannot buy protection from jihad.-Bishop Artemije of Kosovo)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
I hate to see an article like this that recounts the death of an innocent person and no picture of the victim.



Here's one I found. Just a small picture to put a face with a name of someone who died too young and whose killer is yet to meet his fate.

Prayers for her family and friends, and especially the two other young girls who were at the slumber party when Polly was kidnapped.
5 posted on 02/26/2009 8:45:19 PM PST by jwparkerjr (God Bless America!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
I don't see in the article, an explanation of why it took 13 years to start the appeals process.
can anybody shed some light on it ?
6 posted on 02/26/2009 8:47:20 PM PST by stylin19a (Obama - the ethical exception asterisk administration)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FormerLib

Davis is more likely to die of natural causes than of being executed.

There is essentially no death penalty in California. The courts itentionally delay the process until the clock expires.

Just like everything else in California, childish liberalism runs roughshod over the public will and the good people just sit there and take it.


7 posted on 02/26/2009 8:55:13 PM PST by DarrellZero
[ Post Reply | Private Reply | To 4 | View Replies]

To: DarrellZero
Just like everything else in California, childish liberalism runs roughshod over the public will and the good people just sit there and take it.

I don't feel anything but pity for the family. As far as Cali.... who gives a rat's a$$ about that state. The people take it, just like the idiots in Massachusetts and won't do anything about it.

I moved from Florida 4 years ago and I'm glad to be back home. The market peaked for water front property but I could see the insurance rates going up for me and for my property. It was only a matter of time for the whole ponzi scheme to fall down. Especially the "luxury condo" market on the coasts.

Unless the people of Cali get sick and tired of the murders, theft, corruption and general bullsh#t... it will continue. I see California becoming a Detroit with nice weather. A couple of nice enclaves, gated with private security. Police trying to contain the real owners of the streets, the gangs and a bunch of service industries like Health and Hospitality/Tourist workers.

All the manufacturers will eventually leave with the environmental laws, lack of stable workforce, high workers compensation/insurance costs, fees and taxes with relief right across the border to Utah or Az.

8 posted on 02/26/2009 9:32:20 PM PST by erman (Outside of a dog, a book is man's best companion. Inside of a dog, it's too dark to read.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: stylin19a; DarrellZero; erman
I don't see in the article, an explanation of why it took 13 years to start the appeals process. can anybody shed some light on it ?

My guess, is that it is the scums of the bar associations who have hijacked our courts in this country.

9 posted on 02/26/2009 11:44:03 PM PST by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
[ Post Reply | Private Reply | To 6 | View Replies]

To: erman
I see California becoming a Detroit with nice weather.

I see the whole country moving further in that direction every day with the filth we have in the Congress and White House...

10 posted on 02/26/2009 11:46:35 PM PST by Sir Francis Dashwood (Arjuna, why have you have dropped your bow???)
[ Post Reply | Private Reply | To 8 | View Replies]

To: nickcarraway

Why doesn’t an unborn baby have the same rights before getting a death sentence?


11 posted on 02/26/2009 11:47:49 PM PST by pankot
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
That this piece of thrash is still alive is another example of liberals mocking what is moral, right and just in this country. The people keeping this bastard alive are just as guilty as him. Don't give me any crap about the law or his rights, the people dragging this out are trying to perpetuate evil. Time to start calling this type of bullshit what it is.
12 posted on 02/27/2009 12:22:54 AM PST by The Cajun (Mind numbed robot , ditto-head, Hannitized, Levinite)
[ Post Reply | Private Reply | To 1 | View Replies]

To: stylin19a

There is a shortage of lawyers willing to take on post-conviction capital appeals in California, so the system grinds along very, very slowly.


13 posted on 03/18/2009 9:15:04 PM PDT by clawhammer
[ Post Reply | Private Reply | To 6 | View Replies]

To: clawhammer

There is actually an entire division of the public defender’s office devoted to death penalty appeals (A law school classmate used to work there). The only shortage is self-imposed - they work very slowly and nobody imposes a fast hard deadline. There are also numerous outside law firms and public interest groups that provide counsel, but again they have no need to rush either.

This is not a case where there is any doubt as to guilt. This guy should have been executed 2 years MAX. after the trial - just as we used to do in the 30s (see e.g. Changeling, based on true events in Los Angeles).


14 posted on 03/19/2009 11:07:32 AM PDT by KingofZion
[ Post Reply | Private Reply | To 13 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson